MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 February 2002
	DOCKET NUMBER:  AR2001063334

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he received a shrapnel wound about March 1945, while serving in a heavy maintenance tank company.  He was in a field hospital for 3 to 4 days then a general hospital for 4 to 5 days.  He submits a Veterans Administration Form 10-1000 (Discharge Summary) in support of his application.

EVIDENCE OF RECORD:  The applicant's military personnel records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was inducted and served in the Enlisted Reserve Corps from 22 December 1943 to 11 January 1944.  He entered active duty on 12 January 1944 and served as a small arms weapons mechanic.

The applicant served in the European Theater from 16 February to 10 August 1945.  Block 34 (Wounds) of his WD AGO Form 53-55, which he authenticated with his signature, states “None.”  He was separated as a result of demobilization on 19 April 1946.  His authorized awards do not include the Purple Heart.  The Board notes that he was not credited with participation in the Rhineland Campaign and will ensure that this is administratively corrected for the applicant.

The applicant’s military medical records appear to be intact and are available for review.  A supplemental medical record, dated 22 April 1945, shows that he was treated at the battalion aid station for an undiagnosed disease with malaise, fever, diarrhea, and vomiting.  He was transferred to the 124th Evacuation Hospital.  At that hospital he was diagnosed with gastro-enteritis, acute, and further evacuated to the 46th Field Hospital.  On 24 April 1945, he arrived at the 298th General Hospital.  He was discharged to duty on 30 April 1945 with a final diagnosis of enterocolitis, acute.

The applicant’s 18 April 1946 Report of Physical Examination, conducted the day prior to his separation, fails to show any entries concerning a wound or injury as a result of enemy action.  The only significant medical condition listed was a 1943 operation for varicose veins.

The VA Form 10-1000 submitted by the applicant shows a past surgical history of shrapnel removed from the right knee.  No other details are provided.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  A careful review of the applicant’s available medical records fail to support his contention that he was wounded in combat and entitled to an award of the Purple Heart.

2.  The VA Form 10-1000 is insufficient documentation by itself to show that the applicant was wounded in combat.  There are no military medical records to corroborate a shrapnel wound to the right knee.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s records to show entitlement to Rhineland campaign participation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jl___  ___rd___  __rw___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063334	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.